Willis v. Hoover

Citations

• 9 Or. 418

Syllabus

<p>Wagers on Elections Void.</p> <p>Wagers on the result of public elections are illegal and void upon grounds of public policy.</p> <p>Action Lies to Disaffirm Illegal Contract.</p> <p>There is a distinction between an action in affirmance of an illegal contract, and where the action proceeds in disaffirmance of such contract. In the first case, such an action can in no instance be maintained, but in the latter, the authorities are in favor of recovering back money paid, where the contract is void as against public policy, if such contract has not been executed, and the plaintiff seeks to disaffirm his contract.</p> <p>Stakeholders Liable for Money Deposited.</p> <p>When money has been deposited as a wager with the opposite party, it may be recovered back from him at any time before the event has happened upon which the wager was made; and against a stakeholder at any time before the money has been paid to the winner, either before or after the event has transpired, and even where the stakeholder paid the money over to the winner after notice not to do so.</p> <p>Demand — What Constitutes.</p> <p>Where the court charged the jury, “ as to what constitutes a demand, I instruct you that no formal words are necessary to constitute a demand, any words expressive of a prohibition to pay absolutely, or conditionally, are sufficient to revoke the authority of the stakeholder to pay it over:” Held, Not error.</p> <p>Where the following instruction was asked: “That any demand for the’ whole bet of one hundred and twenty dollars by plaintiff on defendant is not proof of the demand in plaintiff’s complaint,” and the court refused to give the same: Held, Not error.</p>